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PROVOST, ALVAN IKOKU COLL, OF ED.
V.
AMUNEKE

(1991) JELR 72476 (CA)

Court of Appeal 10 Jul 1991 Nigeria
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- The defendants are seeking four prayers in this matter: an order for an enlargement of time to appeal, an order deeming the Notice of Appeal as properly filed, leave to amend the notice and grounds of appeal, and an order for a stay of fu

Case Details

Judges:MICHAEL EKUNDAYO OGUNDARE, J.C.A.(Presided), SYLVESTER UMARU ONU, J.C.A., OWOLABIKOLAWOLE, J.C.A. (Read the Leading Ruling)
Counsel:B. E. I. Nwofor (holding brief for Dr. J, I. J. Otuka) -for the Applicants. Respondent unrepresented.
Other Citations:(1991) 9 NWLR (Pt. 213) 49

KOLAWOLE, J.C.A. (Delivering the Leading Ruling): The defendants who are the applicants in this matter are seeking for four prayers namely: -

1.An order for an enlargement of time within which the defendants can appeal against the decision of the Imo State High Court contained in the Ruling of Ubah J delivered on July 25, 1990 at Owerri in suit No, HOW/206/90.

2.An order deeming the Notice of Appeal exhibited to the application as Exhibit 'E' already filed at the lower court Registry dated 3/10/90 as having been properly filed.

3.Leave to amend the notice and ground of appeal contained in Exhibit 'E' in the terms shown in Exhibit 'F'

4.An order of court granting a stay of further proceedings in this suspending the outcome of the appeal against the interlocutory decisions of the High Court dated 25 July, 1990 and 16 October, 1990 respectively.

When the matter came upon 20 May, 1991, Mr. B.E.I. Nwofor appeared for the applicants holding the brief of Dr. J. I. J. Otuka. The respondent was abs…

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